FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation No: r-119080-ir-11/EH
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioner Recommendation No: r-119080-ir-11/EH. The issue conerns a claim by the worker for retrospective incremental credit while acting up in a Grade 8 position. The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 21st May 2012. The Rights Commissioner did not find in favour of the workers claim. On the 11th June 2012 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. Labour Court hearings took place on 23rd August 2012 and the 14th March 2013.
WORKER'S ARGUMENT:
3 1 Management's approach to the payment of incremental credit to those acting up in senior grades is inconsistent. A significant number of those staff members in acting positions are awarded incremental credit (approximately 60%) yet there appears to be no logical reasons why it is not awarded to the remainder of staff. In this case the worker is seeking that he be awarded the incremental credit as has been awarded to many comparable employees.
MANAGEMENT'S ARGUMENT:
4 1 The worker is paid the appropriate rate of pay for the position held and has been in receipt of an acting up allowance. The HSE cannot award incremental credit as it is a cost increasing claim precluded by the terms of the current Public Service Agreement 2010-2014.
DECISION:
The Court has carefully considered the submissions of both parties in this appeal.
The Court finds, on the evidence presented, that the HSE has more frequently applied, than not applied, incremental credit to staff acting in grade 8 posts. The reasons for granting or withholding incremental credit appear to be quite random and inconsistent.
As the HSE, in the majority of cases, has in the past and continues at present to award incremental credit to staff acting in grade 8 posts, the Court finds no grounds for the withholding of it in this case. Accordingly the Court decides that the Worker’s claim has merit and that he should, in equity, be moved to the 5thpoint of the relevant scale with effect from 16thJune 2012.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
28th May 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.